At-Fault vs. No-Fault Divorce in Arkansas: Understanding Divorce Laws

Divorce laws vary by state, and in Arkansas, understanding the distinction between at-fault and no-fault divorce is essential. Your choice between these two legal pathways can significantly impact property division, alimony, child custody, and the overall complexity of your case.

Both types of divorce have their advantages and challenges, and the decision will depend on your specific circumstances. This guide explores the differences between at-fault and no-fault divorces in Arkansas and how they may affect your legal proceedings.

At-Fault Divorce in Arkansas

What Is an At-Fault Divorce?

An at-fault divorce requires the spouse filing for divorce to provide a legally recognized reason—or "ground"—for the marriage’s dissolution. These grounds establish blame for the failure of the relationship.

Arkansas allows several fault-based grounds for divorce, and proving these allegations can influence the outcome of property division, alimony, and even child custody. However, presenting evidence can make the process more contentious and lengthier.

Grounds for At-Fault Divorce in Arkansas

Arkansas law (Arkansas Code § 9-12-301) recognizes the following fault-based grounds for divorce:

• Adultery – When one spouse is unfaithful during the marriage.
• Cruel and Barbarous Treatment – Includes physical abuse, emotional abuse, or endangerment.
• Habitual Drunkenness – A pattern of excessive alcohol or drug abuse for at least one year.
• Abandonment – If a spouse has left the other for at least one year without justifiable cause.
• Impotence – Inability to consummate the marriage.
• Conviction of a Felony – If a spouse is convicted of a felony while married.
• General Indignities – A pattern of mistreatment, humiliation, or disrespect that makes cohabitation unbearable.
• Three Consecutive Years of Incurable Insanity – If a spouse has been mentally incapacitated for at least three years with no reasonable chance of recovery.
• Willful Failure to Provide Support – When a spouse refuses to provide legally required financial support.

At-fault divorces require the filing spouse to prove their claims, which can make the process longer, costlier, and more emotionally challenging.

No-Fault Divorce in Arkansas

What Is a No-Fault Divorce?

A no-fault divorce does not require proving that one spouse was responsible for the marriage’s breakdown. Instead, the couple must demonstrate that the marriage is irretrievably broken.

The primary requirement for a no-fault divorce in Arkansas is:

• 18-month separation period – The spouses must have lived separately for at least 18 months without cohabitation.

This approach makes divorce less contentious, as neither spouse must prove wrongdoing. However, the mandatory separation period can be a disadvantage for couples who want to move forward quickly.

Deciding Between At-Fault and No-Fault Divorce in Arkansas

Choosing whether to pursue an at-fault or no-fault divorce will depend on your goals and personal circumstances.

Advantages of At-Fault Divorce

• No waiting period – Unlike a no-fault divorce, an at-fault divorce does not require an 18-month separation.
• Can influence property division and alimony – If one spouse’s misconduct directly caused financial or emotional harm, courts may adjust financial settlements accordingly.
• Sense of justice – Some spouses prefer to file on fault-based grounds to hold the other accountable for their actions.

Disadvantages of At-Fault Divorce

• Requires proof – The filing spouse must present evidence to support their claims, which can be challenging.
• More expensive – The process often involves hiring lawyers, gathering evidence, and possibly going to trial.
• More adversarial – At-fault divorces can create hostility, making negotiations on child custody or financial matters more difficult.

Advantages of No-Fault Divorce

• Simpler and less contentious – Because no wrongdoing needs to be proven, the process is generally more cooperative.
• Lower legal costs – No need for investigations or proving fault, which reduces expenses.
• More privacy – No-fault divorces do not require airing marital misconduct in court.

Disadvantages of No-Fault Divorce

• Mandatory 18-month separation period – This waiting period can delay the process for couples who want to finalize their divorce quickly.
• No consideration of misconduct – If one spouse was financially irresponsible, abusive, or unfaithful, these factors may not impact the final divorce settlement as much as they would in an at-fault divorce.

How Arkansas Divorce Laws Compare to Other States

While many states offer both at-fault and no-fault divorce options, Arkansas has some unique requirements.

• In Arkansas, no-fault divorces require an 18-month separation period, while some states allow immediate filing based on irreconcilable differences.
• At-fault divorces in Arkansas require specific legal grounds, some of which—such as general indignities—are not as commonly recognized in other states.
• Community property states (like California and Texas) require equal division of marital property, while Arkansas follows an equitable distribution model, meaning property is divided based on fairness rather than an automatic 50/50 split.

Special Considerations in Arkansas Divorce Law

Is Withholding Sex Grounds for Divorce?

Withholding sex is not explicitly listed as a ground for divorce in Arkansas. However, it could fall under general indignities if it causes humiliation or emotional distress, or under impotence if a spouse is unable to consummate the marriage. Proving this in court requires demonstrating that the lack of intimacy made living together intolerable.

Can You Divorce a Spouse With a Mental Illness?

Yes, Arkansas law allows divorce based on incurable insanity if one spouse has been institutionalized or incapacitated for at least three consecutive years. To proceed with this claim, the filing spouse must provide medical evidence proving the condition is permanent and that the marriage is unsustainable.

Religious or Biblical Grounds for Divorce

Some individuals may consider religious beliefs when deciding whether to pursue a divorce. While Arkansas law does not base divorce decisions on religious grounds, biblical teachings sometimes align with legal grounds, such as adultery or abandonment. Those with strong religious convictions may also want to consult with a faith leader before proceeding with a legal divorce.

Pros and Cons of Filing an At-Fault Divorce in Arkansas

Pros

• Can lead to more favorable outcomes in asset division, alimony, and even custody if the misconduct affected the child.
• Allows the court to recognize wrongdoing, which can be important for emotional closure.
• No mandatory separation period, which can result in a quicker resolution.

Cons

• Requires evidence, which can be difficult and invasive.
• Can lead to prolonged court battles, increasing emotional and financial strain.
• The outcome is not guaranteed, and proving fault may not significantly change the financial settlement.

For many couples, the choice between at-fault and no-fault divorce depends on whether proving fault would provide a tangible legal or financial benefit.

Do You Need an At-Fault Divorce Lawyer?

Whether you pursue an at-fault or no-fault divorce, seeking legal advice is highly recommended. A family law attorney can help you:

• Determine the best approach based on your specific situation.
• Gather necessary evidence if pursuing an at-fault divorce.
• Defend against false accusations in a contested divorce.
• Navigate Arkansas’ complex divorce laws regarding property division, custody, and alimony.

Legal Assistance Options in Arkansas

1. Traditional Family Law Attorneys – Best for complex cases requiring in-depth legal representation.
2. Legal Aid of Arkansas – Provides assistance for individuals who cannot afford private legal counsel.
3. Online Divorce Services – Platforms like Your Law Coach offer guidance for handling simple divorces independently.

Conclusion

Arkansas provides both at-fault and no-fault divorce options, and the right choice depends on your personal and legal circumstances.

• No-fault divorce is simpler and less contentious but requires an 18-month separation period.
• At-fault divorce can provide a quicker resolution and hold a spouse accountable, but it often involves greater emotional and financial costs.

Consulting with a divorce attorney is the best way to determine which option is right for you and to ensure that your rights are protected.

References

1. Arkansas Code § 9-12-301 – Grounds for Divorce
2. Arkansas Legal Services – Divorce and Family Law Assistance
3. Arkansas Judiciary – Divorce and Annulment Guidelines

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